Boini Rekha v. Upparapelli Aialaiah

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Civil Revision Petition No.4087 of 2016 ORDER:

This Civil Revision Petition is filed against the order dated 23-06-3026, passed in I.A.No.16 of 2015 in O.S.No.156 of 2013, wherein the Court below dismissed the application filed under Section 5 of the Limitation Act to condone the delay of (298) days and filing petition to set aside the exparte decree.

Heard learned counsel for the petitioner.

A perusal of the impugned order goes to show that the petitioner has not filed medical reports in support of her plea for condonation of delay of (324) days, though the actual delay is (298) days. Even in the affidavit filed along with C.R.P., it is not stated that the petitioner has filed medical reports. But in the affidavit, it is only stated that sufficient reasons are given for condonation of delay. The Court below observed that even after filing E.P. and after filing vakalath the application is not filed immediately and the perusal of the affidavit filed in support of the application for condonation of delay is very vague. In view of the same, I do not see any infirmity in the order passed by the Court below.

Accordingly, the Civil Revision Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending in this revision petition, shall stand closed. _________________________ A.RAJASHEKER REDDY,J 17-09-2016 nvl